Texas 2015 - 84th Regular

Texas House Bill HB1372 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Isaac, Cyrier (Senate Sponsor - Zaffirini) H.B. No. 1372
2		-	(In the Senate - Received from the House May 6, 2015;
3		-	May 6, 2015, read first time and referred to Committee on
4		-	Administration; May 13, 2015, reported favorably by the following
5		-	vote: Yeas 5, Nays 0; May 13, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1372
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the creation of the Cotton Center Municipal Utility
12	5		District No. 1; granting a limited power of eminent domain;
13	6		providing authority to issue bonds; providing authority to impose
14	7		assessments, fees, and taxes.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	10		Code, is amended by adding Chapter 8492 to read as follows:
18	11		CHAPTER 8492. COTTON CENTER MUNICIPAL UTILITY DISTRICT NO. 1
19	12		SUBCHAPTER A. GENERAL PROVISIONS
20	13		Sec. 8492.001. DEFINITIONS. In this chapter:
21	14		(1) "Board" means the district's board of directors.
22	15		(2) "Commission" means the Texas Commission on
23	16		Environmental Quality.
24	17		(3) "Director" means a board member.
25	18		(4) "District" means the Cotton Center Municipal
26	19		Utility District No. 1.
27	20		Sec. 8492.002. NATURE OF DISTRICT. The district is a
28	21		municipal utility district created under Section 59, Article XVI,
29	22		Texas Constitution.
30	23		Sec. 8492.003. CONFIRMATION AND DIRECTORS' ELECTION
31	24		REQUIRED. The temporary directors shall hold an election to
32	25		confirm the creation of the district and to elect five permanent
33	26		directors as provided by Section 49.102, Water Code.
34	27		Sec. 8492.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	28		temporary directors may not hold an election under Section 8492.003
36	29		until each municipality in whose corporate limits or
37	30		extraterritorial jurisdiction the district is located has
38	31		consented by ordinance or resolution to the creation of the
39	32		district and to the inclusion of land in the district.
40	33		Sec. 8492.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
41	34		The district is created to serve a public purpose and benefit.
42	35		(b) The district is created to accomplish the purposes of:
43	36		(1) a municipal utility district as provided by
44	37		general law and Section 59, Article XVI, Texas Constitution; and
45	38		(2) Section 52, Article III, Texas Constitution, that
46	39		relate to the construction, acquisition, improvement, operation,
47	40		or maintenance of macadamized, graveled, or paved roads, or
48	41		improvements, including storm drainage, in aid of those roads.
49	42		Sec. 8492.006. INITIAL DISTRICT TERRITORY. (a) The
50	43		district is initially composed of the territory described by
51	44		Section 2 of the Act enacting this chapter.
52	45		(b) The boundaries and field notes contained in Section 2 of
53	46		the Act enacting this chapter form a closure. A mistake made in the
54	47		field notes or in copying the field notes in the legislative process
55	48		does not affect the district's:
56	49		(1) organization, existence, or validity;
57	50		(2) right to issue any type of bond for the purposes
58	51		for which the district is created or to pay the principal of and
59	52		interest on a bond;
60	53		(3) right to impose a tax; or
61	54		(4) legality or operation.
62	55		SUBCHAPTER B. BOARD OF DIRECTORS
63	56		Sec. 8492.051. GOVERNING BODY; TERMS. (a) The district is
64	57		governed by a board of five elected directors.
65	58		(b) Except as provided by Section 8492.052, directors serve
66	59		staggered four-year terms.
67	60		Sec. 8492.052. TEMPORARY DIRECTORS. (a) The temporary
68	61		board consists of:
69	62		(1) Angela Fulcher;
70	63		(2) Julie Dolby Casner;
71	64		(3) Laurie Gosda;
72	65		(4) Sandra Wood; and
73	66		(5) Cheri D. Hisaw.
74	67		(b) Temporary directors serve until the earlier of:
75	68		(1) the date permanent directors are elected under
76	69		Section 8492.003; or
77	70		(2) the fourth anniversary of the effective date of
78	71		the Act enacting this chapter.
79	72		(c) If permanent directors have not been elected under
80	73		Section 8492.003 and the terms of the temporary directors have
81	74		expired, successor temporary directors shall be appointed or
82	75		reappointed as provided by Subsection (d) to serve terms that
83	76		expire on the earlier of:
84	77		(1) the date permanent directors are elected under
85	78		Section 8492.003; or
86	79		(2) the fourth anniversary of the date of the
87	80		appointment or reappointment.
88	81		(d) If Subsection (c) applies, the owner or owners of a
89	82		majority of the assessed value of the real property in the district
90	83		may submit a petition to the commission requesting that the
91	84		commission appoint as successor temporary directors the five
92	85		persons named in the petition. The commission shall appoint as
93	86		successor temporary directors the five persons named in the
94	87		petition.
95	88		SUBCHAPTER C. POWERS AND DUTIES
96	89		Sec. 8492.101. GENERAL POWERS AND DUTIES. The district has
97	90		the powers and duties necessary to accomplish the purposes for
98	91		which the district is created.
99	92		Sec. 8492.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	93		DUTIES. The district has the powers and duties provided by the
101	94		general law of this state, including Chapters 49 and 54, Water Code,
102	95		applicable to municipal utility districts created under Section 59,
103	96		Article XVI, Texas Constitution.
104	97		Sec. 8492.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	98		52, Article III, Texas Constitution, the district may design,
106	99		acquire, construct, finance, issue bonds for, improve, operate,
107	100		maintain, and convey to this state, a county, or a municipality for
108	101		operation and maintenance macadamized, graveled, or paved roads, or
109	102		improvements, including storm drainage, in aid of those roads.
110	103		Sec. 8492.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
111	104		project must meet all applicable construction standards, zoning and
112	105		subdivision requirements, and regulations of each municipality in
113	106		whose corporate limits or extraterritorial jurisdiction the road
114	107		project is located.
115	108		(b) If a road project is not located in the corporate limits
116	109		or extraterritorial jurisdiction of a municipality, the road
117	110		project must meet all applicable construction standards, zoning and
118	111		subdivision requirements, and regulations of each county in which
119	112		the road project is located.
120	113		(c) If the state will maintain and operate the road, the
121	114		Texas Transportation Commission must approve the plans and
122	115		specifications of the road project.
123	116		Sec. 8492.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	117		OR RESOLUTION. The district shall comply with all applicable
125	118		requirements of any ordinance or resolution that is adopted under
126	119		Section 54.016 or 54.0165, Water Code, and that consents to the
127	120		creation of the district or to the inclusion of land in the
128	121		district.
129	122		SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
130	123		Sec. 8492.151. DIVISION OF DISTRICT; PREREQUISITES. The
131	124		district may be divided into two or more new districts only if the
132	125		district:
133	126		(1) has never issued any bonds; and
134	127		(2) is not imposing ad valorem taxes.
135	128		Sec. 8492.152. LAW APPLICABLE TO NEW DISTRICT. This
136	129		chapter applies to any new district created by division of the
137	130		district, and a new district has all the powers and duties of the
138	131		district.
139	132		Sec. 8492.153. LIMITATION ON AREA OF NEW DISTRICT. A new
140	133		district created by the division of the district may not, at the
141	134		time the new district is created, contain any land outside the area
142	135		described by Section 2 of the Act enacting this chapter.
143	136		Sec. 8492.154. DIVISION PROCEDURES. (a) The board, on its
144	137		own motion or on receipt of a petition signed by the owner or owners
145	138		of a majority of the assessed value of the real property in the
146	139		district, may adopt an order dividing the district.
147	140		(b) The board may adopt an order dividing the district
148	141		before or after the date the board holds an election under Section
149	142		8492.003 to confirm the district's creation.
150	143		(c) An order dividing the district must:
151	144		(1) name each new district;
152	145		(2) include the metes and bounds description of the
153	146		territory of each new district;
154	147		(3) appoint temporary directors for each new district;
155	148		and
156	149		(4) provide for the division of assets and liabilities
157	150		between the new districts.
158	151		(d) On or before the 30th day after the date of adoption of
159	152		an order dividing the district, the district shall file the order
160	153		with the commission and record the order in the real property
161	154		records of each county in which the district is located.
162	155		Sec. 8492.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
163	156		A new district created by the division of the district shall hold a
164	157		confirmation and directors' election as required by Section
165	158		8492.003.
166	159		(b) If the creation of the new district is confirmed, the
167	160		new district shall provide the election date and results to the
168	161		commission.
169	162		Sec. 8492.156. TAX OR BOND ELECTION. Before a new district
170	163		created by the division of the district may impose a maintenance tax
171	164		or issue bonds payable wholly or partly from ad valorem taxes, the
172	165		new district must hold an election as required by this chapter to
173	166		obtain voter approval.
174	167		Sec. 8492.157. MUNICIPAL CONSENT. Municipal consent to the
175	168		creation of the district and to the inclusion of land in the
176	169		district granted under Section 8492.004 acts as municipal consent
177	170		to the creation of any new district created by the division of the
178	171		district and to the inclusion of land in the new district.
179	172		SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
180	173		Sec. 8492.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
181	174		district may issue, without an election, bonds and other
182	175		obligations secured by:
183	176		(1) revenue other than ad valorem taxes; or
184	177		(2) contract payments described by Section 8492.203.
185	178		(b) The district must hold an election in the manner
186	179		provided by Chapters 49 and 54, Water Code, to obtain voter approval
187	180		before the district may impose an ad valorem tax or issue bonds
188	181		payable from ad valorem taxes.
189	182		(c) The district may not issue bonds payable from ad valorem
190	183		taxes to finance a road project unless the issuance is approved by a
191	184		vote of a two-thirds majority of the district voters voting at an
192	185		election held for that purpose.
193	186		Sec. 8492.202. OPERATION AND MAINTENANCE TAX. (a) If
194	187		authorized at an election held under Section 8492.201, the district
195	188		may impose an operation and maintenance tax on taxable property in
196	189		the district in accordance with Section 49.107, Water Code.
197	190		(b) The board shall determine the tax rate. The rate may not
198	191		exceed the rate approved at the election.
199	192		Sec. 8492.203. CONTRACT TAXES. (a) In accordance with
200	193		Section 49.108, Water Code, the district may impose a tax other than
201	194		an operation and maintenance tax and use the revenue derived from
202	195		the tax to make payments under a contract after the provisions of
203	196		the contract have been approved by a majority of the district voters
204	197		voting at an election held for that purpose.
205	198		(b) A contract approved by the district voters may contain a
206	199		provision stating that the contract may be modified or amended by
207	200		the board without further voter approval.
208	201		SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
209	202		Sec. 8492.251. AUTHORITY TO ISSUE BONDS AND OTHER
210	203		OBLIGATIONS. The district may issue bonds or other obligations
211	204		payable wholly or partly from ad valorem taxes, impact fees,
212	205		revenue, contract payments, grants, or other district money, or any
213	206		combination of those sources, to pay for any authorized district
214	207		purpose.
215	208		Sec. 8492.252. TAXES FOR BONDS. At the time the district
216	209		issues bonds payable wholly or partly from ad valorem taxes, the
217	210		board shall provide for the annual imposition of a continuing
218	211		direct ad valorem tax, without limit as to rate or amount, while all
219	212		or part of the bonds are outstanding as required and in the manner
220	213		provided by Sections 54.601 and 54.602, Water Code.
221	214		Sec. 8492.253. BONDS FOR ROAD PROJECTS. At the time of
222	215		issuance, the total principal amount of bonds or other obligations
223	216		issued or incurred to finance road projects and payable from ad
224	217		valorem taxes may not exceed one-fourth of the assessed value of the
225	218		real property in the district.
226	219		SECTION 2. The Cotton Center Municipal Utility District No.
227	220		1 initially includes all the territory contained in the following
228	221		area:
229	222		DESCRIPTION
230	223		OF A 2357.9 ACRE TRACT OF LAND OUT OF THE WILLIAM PETTUS LEAGUE,
231	224		ABSTRACT NO. 21, THE THOMAS MAXWELL LEAGUE, ABSTRACT NO. 188, AND
232	225		THE THOMAS YATES LEAGUE, ABSTRACT NO. 313, SITUATED IN CALDWELL
233	226		COUNTY, TEXAS, BEING ALL OF THOSE CERTAIN TRACTS OF LAND CONVEYED TO
234	227		WALTON TEXAS, LP. BY THE FOLLOWING DEEDS OF RECORD IN THE OFFICIAL
235	228		PUBLIC RECORDS OF CALDWELL COUNTY, TEXAS:
236	229		A) 91.99 ACRES (PARCEL 1) AND 4.56 ACRES (PARCEL 2) OF
237	230		RECORD IN VOLUME 643, PAGE 69;
238	231		B) 87.92 ACRES OF RECORD IN DOCUMENT NO. 113576;
239	232		C) 99.03 ACRES OF RECORD IN DOCUMENT NO. 122695;
240	233		D) 358.07 ACRES PORTION OF 573.65 ACRES (TRACT 1) OF RECORD
241	234		IN VOLUME 524, PAGE 599;
242	235		E) 224.83 ACRES OF RECORD IN VOLUME 556, PAGE 729,
243	236		F) 339.31 ACRES OF RECORD IN VOLUME 556, PAGE 246;
244	237		G) 120.75 ACRES OF RECORD IN DOCUMENT NO. 123755;
245	238		H) 69.19 ACRES OF RECORD IN DOCUMENT NO. 132453;
246	239		I) 47.271 ACRES, 49.330 ACRES, AND 49.325 ACRES OF RECORD IN
247	240		DOCUMENT NO. 126556;
248	241		J) 70.540 ACRES OF RECORD IN DOCUMENT NO. 131493;
249	242		K) 55.669 ACRES OF RECORD IN DOCUMENT NO. 131492;
250	243		L) 239.035 ACRES OF RECORD IN DOCUMENT NO. 125890;
251	244		M) 59.828 ACRES OF RECORD IN DOCUMENT NO. 126555;
252	245		N) 252.85 ACRES OF RECORD IN DOCUMENT NO. 124324;
253	246		O) 133.84 ACRES OF RECORD IN DOCUMENT NO. 132453;
254	247		SAID 2357.9 ACRES OF LAND ALSO INCLUDES ALL THE AREA WITHIN THE
255	248		EXISTING RIGHTS-OF-WAY OF CALDWELL COUNTY ROAD NO. 238 (VALLEY WAY
256	249		DRIVE) AND FARM-TO-MARKET ROAD 1984 AS USED ON-THE-GROUND WHICH ARE
257	250		CONTAINED WITHIN THE FOLLOWING METES AND BOUNDS DESCRIPTION; SAVE
258	251		AND EXCEPT THEREFROM THAT CERTAIN 1.790 ACRE TRACT OF LAND CONVEYED
259	252		TO BARBARA KINKADE BY DEED OF RECORD IN VOLUME 206, PAGE 238 AND
260	253		THAT CERTAIN 15.354 ACRE REMAINDER OF A 129 ACRE (FIRST TRACT) AND
261	254		120 ACRE (SECOND TRACT) OF LAND CONVEYED TO ROBERT W. SHANNON, KAREN
262	255		S. MORELAND, DONNA S. ANDREW AND PAUL B. SHANNON BY DEEDS OF RECORD
263	256		IN VOLUME 255, PAGE 169, VOLUME 256, PAGE 261, VOLUME 335, PAGE 768,
264	257		AND VOLUME 371, PAGE 837, ALL OF SAID OFFICIAL PUBLIC RECORDS; SAID
265	258		2357.9 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED IN TWO (2)
266	259		PARTS BY METES AND BOUNDS AS FOLLOWS:
267	260		PART 1 - 1206.6 ACRES
268	261		BEGINNING, at a 5/8 in iron rod at the intersection of the southerly
269	262		right-of-way line of the Union Pacific Railroad and the
270	263		southwesterly right-of-way line of Valley Way Drive (R.O.W.
271	264		varies), being the northeasterly corner of said 91.99 acre tract,
272	265		for the northeasterly corner hereof;
273	266		THENCE, S41°17'23"E, leaving the southerly right-of-way line of the
274	267		Union Pacific Railroad, along the southwesterly right-of-way line
275	268		of Valley Way Drive, being the northeasterly line of said 91.99 acre
276	269		tract, for the northeasterly line hereof, a distance of 2788.12
277	270		feet to a 5/8 inch iron rod in the northwesterly line of a 130.59
278	271		acre tract of land, conveyed to David Matthew Best by Deed of record
279	272		in Volume 269, Page 127 of said Official Public Records, being the
280	273		easterly corner of said 91.99 acre tract and hereof;
281	274		THENCE, S48°21'22"W, leaving the southwesterly right-of-way line of
282	275		Valley Way Drive, along the northwesterly line of said 130.59 acre
283	276		tract, being the southeasterly line of said 91.99 acre tract, for a
284	277		portion of the southeasterly line hereof, a distance of 1361.88
285	278		feet to the southerly corner of said 91.99 acre tract and the
286	279		northerly corner of said 4.56 acre tract, for an angle point hereof;
287	280		THENCE, leaving the southerly corner of said 91.99 acre tract,
288	281		along the northeasterly and southeasterly lines of said 4.56 acre
289	282		tract, for a portion of the southeasterly line hereof, the
290	283		following two (2) courses and distances:
291	284		1) S41°07'40"E, a distance of 322.45 feet to a 5/8 inch iron
292	285		rod for the easterly corner of said 4.56 acre tract, and an angle
293	286		point hereof;
294	287		2) S48°22'55"W, a distance of 616.59 feet to the southerly
295	288		corner of said 4.56 acre tract, being a northwesterly corner of said
296	289		130.59 acre tract, in the northeasterly line of an eight (8) yard by
297	290		one-hundred ten (110) yard Strip of land reserved to O.M. Hoffman by
298	291		Deed of record in Volume 229, Page 244 of said Official Public
299	292		Records, said Strip also being described as part of Tract II, in a
300	293		Deed to Hoffman Family Trust 1994, of record in Volume 127, Page 436
301	294		of said Official Public Records, for an angle point hereof;
302	295		THENCE, along a portion of the northeasterly, northwesterly, and
303	296		southwesterly lines of said Strip, being a portion of the
304	297		southwesterly line of said 4.56 acre tract, and a portion of the
305	298		southeasterly line of said 87.92 acre tract, for a portion of the
306	299		southeasterly line hereof, the following three (3) courses and
307	300		distances:
308	301		1) N41°10'09"W, a distance of 11.86 feet to the northerly
309	302		corner of said Strip, for an angle point hereof;
310	303		2) S48°19'26"W, a distance of 23.99 feet to the westerly
311	304		corner of said Strip, for an angle point hereof;
312	305		3) S41°19'42"E, a distance of 329.93 feet to an iron rod with
313	306		"UDG" cap in the northwesterly line of a 111.482 acre tract of land
314	307		conveyed to Henry E. McCulloch, Jr. and wife, Barbara J. McCulloch
315	308		by Deed of record in Volume 504, Page 634 of said Official Public
316	309		Records, being the southerly corner of said Strip and the most
317	310		southeasterly corner of said 87.92 acre tract, for an angle point
318	311		hereof;
319	312		THENCE, S48°20'39"W, leaving the southwesterly line of said Strip,
320	313		along a portion of the southeasterly line of said 87.92 acre tract,
321	314		and the southeasterly line of said 99.03 acre tract, being a portion
322	315		of the northwesterly line of said 111.482 acre tract and a portion
323	316		of the northwesterly line of a 9.41 acre tract of land conveyed to
324	317		Henry E. McCulloch, Jr. and wife, Barbara J. McCulloch by Deed of
325	318		record in Volume 511, Page 13 of said Official Public Records, for a
326	319		portion of the southeasterly line hereof, a distance of 3046.71
327	320		feet to the southerly corner of said 99.03 acre tract being in the
328	321		northeasterly line of said 573.65 acre tract, and the northwesterly
329	322		corner of said 9.41 acre tract, for an angle point hereof;
330	323		THENCE, leaving the southeasterly line of said 99.03 acre tract,
331	324		along a portion of the northwesterly and southwesterly lines of
332	325		said 9.41 acre tract, and a portion of the northeasterly line of
333	326		said 573.65 acre tract, for a portion of the southeasterly line
334	327		hereof, the following three (3) courses and distances:
335	328		1) S41°34'50"E, a distance of 19.14 feet to an angle point
336	329		hereof;
337	330		2) S48°56'20"W, a distance of 161.89 feet to an iron rod with
338	331		"carter & burgess" cap for an angle point hereof;
339	332		3) S41°36'05"E, a distance of 1522.35 feet to the southerly
340	333		corner of said 9.41 acre tract in the northwesterly right-of-way
341	334		line of State Highway 142 (R.O.W. varies), for the easterly corner
342	335		of said 573.65 acre tract, and an angle point hereof;
343	336		THENCE, leaving the southwesterly line of said 9.41 acre tract,
344	337		along the northwesterly right-of-way line of State Highway 142,
345	338		along a portion of the southeasterly line of said 573.65 acre tract,
346	339		for a portion of the southeasterly line hereof, the following six
347	340		(6) courses and distances:
348	341		1) S48°50'36"W, a distance of 1342.09 feet to the point of
349	342		curvature of a non-tangent curve to the left;
350	343		2) Along said curve, having a radius of 11535.16 feet, a
351	344		central angle of 02°03'00", an arc length of 412.72 feet and a chord
352	345		which bears, S47°48'06'W, a distance of 412.70 feet to the end of
353	346		said curve;
354	347		3) S46°50'18"W, a distance of 148.55 feet to the point of
355	348		curvature of a non-tangent curve to the right;
356	349		4) Along said curve, having a radius of 11393.65 feet, a
357	350		central angle of 02°03'02", an arc length of 407.78 feet and a chord
358	351		which bears, S47°48'07'W, a distance of 407.76 feet to the end of
359	352		said curve;
360	353		5) S48°51'00"W, a distance of 1315.11 feet to the point of
361	354		curvature of a non-tangent curve to the right;
362	355		6) Along said curve, having a radius of 11,389.16 feet, a
363	356		central angle of 00°37'29", an arc length of 124.18 feet and a chord
364	357		which bears, S49°09'26'W, a distance of 124.18 feet to the point of
365	358		curvature of a non-tangent curve to the left, for the most southerly
366	359		corner hereof;
367	360		THENCE, leaving said northwesterly right-of-way line of State
368	361		Highway 142, over and across said 573.65 acre tract, for a portion
369	362		of the southwesterly line hereof, along the approximate Martindale
370	363		City Limit Line, the following four (4) courses and distances:
371	364		1) Along said curve, having a radius of 2746.11 feet, a
372	365		central angle of 26°52'25", an arc length of 1288.01 feet and a chord
373	366		which bears, N53°46'19'W, a distance of 1276.24 feet to the end of
374	367		said curve;
375	368		2) N69°22'30"W, a distance of 631.48 feet to an angle point
376	369		hereof;
377	370		3) S69°38'20"W, a distance of 374.12 feet to an angle point
378	371		hereof;
379	372		4) N65°05'35"W, a distance of 871.31 feet to a point in the
380	373		southeasterly line of a 137 acre tract of land conveyed to John Mac
381	374		Mauldin by Deed of record in Volume 359, Page 673 of said Official
382	375		Public Records, and the northwesterly line of said 573.65 acre
383	376		tract, for an angle point hereof;
384	377		THENCE, along a portion of the southeasterly line and the
385	378		northeasterly line of said 137 acre tract, and the northwesterly
386	379		line of said 573.65 acre tract, for a portion of the southwesterly
387	380		line hereof, the following two (2) courses and distances:
388	381		1) N49°05'19"E, a distance of 1820.68 feet to an iron pipe
389	382		for the easterly corner of said 137 acre tract, the westerly corner
390	383		of said 573.65 acre tract, and an angle point hereof;
391	384		2) N40°56'06"W, a distance of 1177.53 feet to a point in the
392	385		southeasterly line of a 167.96 acre tract of land conveyed to
393	386		Conrads Herbert Inc. by Deed of record in Volume 346, Page 76 of
394	387		said Official Public Records, being the northerly corner of said
395	388		137 acre tract, the northwesterly corner of said 573.65 acre tract,
396	389		and an angle point hereof;
397	390		THENCE, N48°54'41"E, leaving the northeasterly line of said 137 acre
398	391		tract, along a portion of the common southeasterly line of said
399	392		167.96 acre tract and a portion of the northwesterly line of said
400	393		573.65 acre tract, for a portion of the southwesterly line hereof, a
401	394		distance of 42.46 feet to the most easterly corner of said 167.96
402	395		acre tract, and the southerly corner of said 224.83 acre tract, for
403	396		an angle point hereof;
404	397		THENCE, leaving the northwesterly line of said 573.65 acre tract,
405	398		along the common line of said 167.96 acre tract and said 224.83 acre
406	399		tract, for a portion of the southwesterly line hereof, the
407	400		following eight (8) courses and distances:
408	401		1) N12°19'50"W, a distance of 294.36 feet to an angle point;
409	402		2) N00°34'24"E, a distance of 227.61 feet to an angle point;
410	403		3) N36°30'21"W, a distance of 285.03 feet to an angle point;
411	404		4) N56°28'57"W, a distance of 234.92 feet to an angle point;
412	405		5) N50°20'48"W, a distance of 99.62 feet to an angle point;
413	406		6) N27°15'48"W, a distance of 102.46 feet to an angle point;
414	407		7) N22°50'14"W, a distance of 255.49 feet to the westerly
415	408		corner of said 224.83 acre tract, for an angle point hereof;
416	409		8) N43°45'31"E, a distance of 190.62 feet to the southerly
417	410		corner of said 339.31 acre tract, for an angle point hereof;
418	411		THENCE, leaving the northwesterly line of said 224.83 acre tract,
419	412		along the common line of said 167.96 acre tract and said 339.31 acre
420	413		tract, for a portion of the southwesterly line hereof, the
421	414		following two (2) courses and distances:
422	415		1) N39°23'33"W, a distance of 241.44 feet to an angle point;
423	416		2) N26°29'00"W, a distance of 668.42 feet to the easterly
424	417		corner of a 213.451 acre tract of land conveyed to Curby Ohnheiser
425	418		by Deed of record in Volume 178, Page 184 of said Official Public
426	419		Records, for an angle point hereof;
427	420		THENCE, along a portion of the common northeasterly line of said
428	421		213.451 acre tract and the southwesterly line of said 339.31 acre
429	422		tract, for a portion of the southwesterly line hereof, the
430	423		following three (3) courses and distances:
431	424		1) N16°07'11"W, a distance of 819.56 feet to an angle point;
432	425		2) N13°49'18"W, a distance of 655.20 feet to an angle point;
433	426		3) N09°25'58"W, a distance of 163.84 feet to the southerly
434	427		corner of a 49.82 acre tract of land conveyed to David J. Huffman by
435	428		Deed of record in Volume 527, Page 292 of said Official Public
436	429		Records, for the most westerly corner of said 339.31 acre tract and
437	430		hereof;
438	431		THENCE, along the southeasterly and northeasterly lines of said
439	432		49.82 acre tract and the northwesterly line of said 339.31 acre
440	433		tract, for the northwesterly line hereof, the following four (4)
441	434		courses and distances:
442	435		1) N48°42'42"E, a distance of 1780.59 feet to a pk nail in a
443	436		fence post;
444	437		2) N41°04'53"W, a distance of 664.10 feet to a pk nail in a
445	438		fence post;
446	439		3) N48°44'06"E, a distance of 1261.08 feet to the most
447	440		easterly corner of said 49.82 acre tract;
448	441		4) N42°14'20"W, a distance of 275.49 feet to the
449	442		northeasterly corner of said 49.82 acre tract and northwesterly
450	443		corner of said 339.31 acre tract, in the southerly right-of-way
451	444		line of the Union Pacific Railroad, for the northwesterly corner
452	445		hereof;
453	446		THENCE, leaving the northeasterly line of said 49.82 acre tract,
454	447		along a portion of the southerly right-of-way line of the Union
455	448		Pacific Railroad, and a portion of the northerly line and
456	449		northeasterly line of said 339.31 acre tract, for a portion of the
457	450		northerly line hereof, the following two (2) courses and distances:
458	451		1) S87°55'54"E, a distance of 3775.29 feet to an iron rod for
459	452		the northeasterly corner of said 339.31 acre tract, and an angle
460	453		point hereof;
461	454		2) S41°18'02"E, a distance of 62.32 feet to an iron rod for
462	455		the northwesterly corner of said 91.99 acre tract, and an angle
463	456		point hereof;
464	457		THENCE, leaving the northeasterly line of said 339.31 acre tract,
465	458		along a portion of the southerly right-of-way line of the Union
466	459		Pacific Railroad, the southerly right-of-way line of said Valley
467	460		Way Drive, and the northerly line of said 91.99 acre tract, for a
468	461		portion of the northerly line hereof, the following three (3)
469	462		courses and distances:
470	463		1) S88°18'23"E, a distance of 870.54 feet to an iron rod for
471	464		an angle point hereof;
472	465		2) N82°39'41"E, a distance of 454.88 feet to an angle point
473	466		hereof;
474	467		3) N81°46'58"E, a distance of 126.52 feet to the POINT OF
475	468		BEGINNING, and containing an area of 1206.6 acres of land, more or
476	469		less, within these metes and bounds.
477	470		PART 2 - 1151.3 ACRES
478	471		BEGINNING, at an iron rod with "UDG" cap found in the southwesterly
479	472		right-of-way line of Valley Way Drive (R.O.W. varies) for the
480	473		northerly corner of a 1.82 acre tract of land conveyed to Jethery
481	474		Bohannon Et. Ux. By deed of record in Volume 240, Page 435 of said
482	475		Official Public Records, the southeasterly corner of said 133.84
483	476		acre tract, and an angle point hereof;
484	477		THENCE, S49°38'37"W, leaving the southwesterly right-of-way line of
485	478		Valley Way Drive, along the common line of said 1.82 acre tract and
486	479		said 133.84 acre tract, a distance of 409.77 feet to a point in the
487	480		northerly right-of-way line of the Union Pacific Railroad (100'
488	481		R.O.W.);
489	482		THENCE, N87°55'45"W, along the northerly right-of-way of said
490	483		Railroad, a distance of 1952.56 feet to a point for the
491	484		southwesterly corner of said 133.84 acre tract and the
492	485		southeasterly corner of a 22.1 acre tract of land conveyed to Abel
493	486		Garza Et. Ux. By deed of record in Volume 96, Page 683 of said
494	487		Official Public Records;
495	488		THENCE, leaving the northerly right-of-way of said Railroad, along
496	489		the common line of said 133.84 acre tract and said 22.1 acre tract,
497	490		the following two (2) courses and distances:
498	491		1) N01°23'47"E, a distance of 217.61 feet to and iron rod for
499	492		an angle point hereof;
500	493		2) N41°22'34"W, a distance of 2440.88 feet to a fence corner
501	494		post in the southeasterly right-of-way line of F.M. 1984 (80'
502	495		R.O.W.) for the northerly corner of said 22.1 acre tract, the
503	496		easterly corner of said 133.84 acre tract, and an angle point
504	497		hereof;
505	498		THENCE, N41°36'44"W, leaving the northerly corner of said 22.1 acre
506	499		tract, over and across F.M. 1984, a distance of 80.09 feet to a
507	500		point in the northwesterly right-of-way line of F.M. 1984, and the
508	501		southeasterly line of said 252.85 acre tract, for an angle point
509	502		hereof;
510	503		THENCE, S48°23'16"W, a distance of 1345.17 feet to an iron rod with
511	504		"LENZ" cap in the southeasterly line of said 252.85 acre tract and
512	505		the easterly corner of a 40.0 acre tract of land conveyed to Myrna
513	506		Lopez by deed of record in Document No. 122023 of said Official
514	507		Public Records, for an angle point hereof;
515	508		THENCE, leaving the northerly right-of-way line of F.M. 1984, along
516	509		the common line of said 252.85 acre tract and said 40.0 acre tract,
517	510		the following sixteen (16) courses and distances:
518	511		1) N34°21'01"W, a distance of 110.36 feet to an iron rod with
519	512		"LENZ" cap;
520	513		2) N19°39'31"W, a distance of 293.22 feet to an iron rod with
521	514		"LENZ" cap;
522	515		3) N03°15'11"W, a distance of 82.66 feet to an angle point;
523	516		4) N36°52'22"E, a distance of 33.25 feet to an angle point;
524	517		5) N03°46'05"W, a distance of 515.85 feet to an angle point;
525	518		6) N09°53'30"W, a distance of 29.53 feet to an angle point;
526	519		7) N42°29'18"E, a distance of 23.22 feet to an angle point;
527	520		8) N09°28'01"E, a distance of 66.25 feet to an angle point;
528	521		9) N07°00'01"W, a distance of 164.91 feet to an angle point;
529	522		10) N13°52'24"W, a distance of 144.68 feet to an angle point;
530	523		11) N21°57'50"W, a distance of 90.39 feet to an angle point;
531	524		12) N10°37'25"W, a distance of 153.12 feet to an angle point;
532	525		13) N23°21'47"W, a distance of 161.89 feet to an iron rod
533	526		with "LENZ" cap;
534	527		14) N41°34'57"W, a distance of 172.18 feet to an iron rod
535	528		with "LENZ" cap for the northerly corner of said 40.0 acre tract;
536	529		15) S48°21'01"W, a distance of 1431.20 feet to an iron rod
537	530		with "LENZ" cap for the westerly corner of said 40.0 acre tract;
538	531		16) S41°38'18"E, a distance of 1735.64 feet to an iron rod
539	532		with "LENZ" cap for the southerly corner of said 40.0 acre tract, in
540	533		the northwesterly right-of-way line of F.M. 1984 for an angle point
541	534		of said 252.85 acre tract and hereof;
542	535		THENCE, S48°21'42"W, leaving the southerly corner of said 40.0 acre
543	536		tract, along the northwesterly right-of-way line of F.M. 1984, a
544	537		distance of 592.58 feet to the southerly corner of said 252.85 acre
545	538		tract, in the northeasterly line of Fehlis Revised Addition to
546	539		Reedville, of record in Volume 27, Page 368, of the Deed Records of
547	540		said County, for an angle point;
548	541		THENCE, N41°22'43"W, leaving the northwesterly right-of-way line of
549	542		F.M. 1984, along the southwesterly line of said 252.85 acre tract, a
550	543		portion of the northeasterly line of said Fehlis Revised Addition,
551	544		and a portion of the northeasterly line of a 56.52 acre tract of
552	545		land conveyed to Southern Pecan Plantation Mobile Home Park, Inc.,
553	546		by deed of record in Volume 79, Page 369, of said Official Public
554	547		Records, a distance of 3152.26 feet to an aluminum disk in concrete
555	548		for the northerly corner of said 56.52 acre tract, the westerly
556	549		corner of said 252.85 acre tract and hereof;
557	550		THENCE, N48°46'59"E, along the northwesterly line of said 252.85
558	551		acre tract, a distance of 4120.83 feet to point in the southwesterly
559	552		right-of-way line of William Pettus Road (R.O.W. varies) for the
560	553		northerly corner of said 252.85 acre tract;
561	554		THENCE, S40°53'44"E, along the southwesterly right-of-way line of
562	555		William Pettus Road and northeasterly line of said 252.85 acre
563	556		tract, a distance of 2659.70 feet to the point of curvature of a
564	557		non-tangent curve to the left at the intersection of the
565	558		southwesterly right-of-way line of William Pettus Road and the
566	559		northwesterly right-of-way line of F.M. 1984;
567	560		THENCE, leaving the southwesterly right-of-way line of William
568	561		Pettus Road, along the curving northwesterly right-of-way line of
569	562		F.M. 1984 and southeasterly line of said 252.85 acre tract, the
570	563		following three (3) courses and distances:
571	564		1) Along said curve to the left having a radius of 756.20
572	565		feet, a central angle of 22°14'32", an arc length of 293.56 feet, and
573	566		a chord which bears, S09°41'28"W, a distance of 291.72 feet to the
574	567		end of said curve;
575	568		2) S01°25'48"E, a distance of 53.10 feet to the point of
576	569		curvature of a non-tangent curve to the right;
577	570		3) Along said non-tangent curve to the right having a radius
578	571		of 676.20 feet, a central angle of 49°28'14", an arc length of 583.85
579	572		feet, and a chord which bears, S23°18'19"W, a distance of 565.88
580	573		feet to a TxDOT concrete monument at the end of said curve;
581	574		THENCE, S41°36'44"E, leaving the southeasterly line of said 252.85
582	575		acre tract and northwesterly right-of-way line of F.M. 1984, over
583	576		and across F.M. 1984, a distance of 79.92 feet to an angle point in
584	577		the southeasterly right-of-way line of F.M. 1984, and the
585	578		northwesterly line of said 133.84 acre tract;
586	579		THENCE, N48°22'36"E, along the northwesterly line of said 133.84
587	580		acre tract, being a portion of the southeasterly right-of-way line
588	581		of F.M. 1984 and a portion of the southeasterly right-of-way line of
589	582		Valley Way Drive (50' R.O.W.), a distance of 765.39 feet to
590	583		northerly corner of said 133.84 acre tract in the southwesterly
591	584		right-of-way line of Valley Way Drive (R.O.W. varies);
592	585		THENCE, N48°53'36"E, leaving the northerly corner of said 133.84
593	586		acre tract, over and across said Valley Way Drive, a distance of
594	587		51.66 feet to an angle point in the northeasterly right-of-way line
595	588		of Valley Way Drive and the southwesterly line of said 69.19 acre
596	589		tract;
597	590		THENCE, N41°06'24"W, along the northeasterly right-of-way line of
598	591		Valley Way Drive, a distance of 477.14 feet to an angle point at the
599	592		intersection of the northeasterly right-of-way line of Valley Way
600	593		Drive and the southeasterly right-of-way line of F.M. 1984;
601	594		THENCE, leaving the northeasterly right-of-way line of Valley Way
602	595		Drive, along a portion of southeasterly right-of-way line of F.M.
603	596		1984 and northwesterly line of said 69.19 acre tract, the following
604	597		two (2) courses and distances:
605	598		1) Along a non-tangent curve to the right having a radius of
606	599		676.09 feet, a central angle of 26°42'34", an arc length of 315.17
607	600		feet, and a chord which bears, N35°06'01"E, a distance of 312.33
608	601		feet to the end of said curve;
609	602		2) N48°30'35"E, a distance of 2278.26 feet to an angle point
610	603		hereof;
611	604		THENCE, N41°29'25"W, leaving the northwesterly line of said 69.19
612	605		acre tract, over and across F.M. 1984, a distance of 80.30 feet to
613	606		the southerly corner of said 120.75 acre tract in the northwesterly
614	607		right-of-way line of F.M. 1984;
615	608		THENCE, leaving the northwesterly right-of-way line of F.M. 1984,
616	609		along the irregular southwesterly line of said 120.75 acre tract,
617	610		the following seven (7) courses and distances:
618	611		1) N41°29'56"W, a distance of 1298.87 feet to an angle point
619	612		of said 120.75 acre tract and hereof;
620	613		2) S48°31'19"W, a distance of 1130.21 feet to an iron rod
621	614		found for angle point of said 120.75 acre tract and the northerly
622	615		corner of a 13.02 acre tract of land conveyed to Kristin Kocurek by
623	616		deed of record in Volume 515, Page 161 of said Official Public
624	617		Records;
625	618		3) N41°26'45"W, a distance of 376.48 feet to an iron rod
626	619		found for angle point of said 120.75 acre tract and hereof;
627	620		4) N41°04'25"W, a distance of 250.72 feet to an iron rod
628	621		found for angle point of said 120.75 acre tract and hereof;
629	622		5) N41°11'04"W, a distance of 250.71 feet to an iron rod
630	623		found for angle point of said 120.75 acre tract and hereof;
631	624		6) N41°09'44"W, a distance of 386.22 feet to an iron rod
632	625		found for angle point of said 120.75 acre tract and hereof;
633	626		7) N40°53'52"W, a distance of 222.60 feet to a fence post
634	627		found in the southeasterly line of a 10 acre tract of land conveyed
635	628		to Tanya Moran by deed of record in Volume 287, Page 564 of said
636	629		Official Public Records, for the northerly corner of a 1.001 acre
637	630		tract of land conveyed to Vincent J. Bustos by deed of record in
638	631		Volume 574, Page 1 of said Official Public Records, and the westerly
639	632		corner of said 120.75 acre tract;
640	633		THENCE, N48°47'31"E, along the northwesterly line of said 120.75
641	634		acre tract, a distance of 2437.59 feet to an iron rod for the
642	635		easterly corner of a 90.014 acre tract of land conveyed to Kenneth
643	636		R. Kent by deed of record in Volume 428, Page 79 of the Deed Records
644	637		of said County, the northerly corner of said 120.75 acre tract, and
645	638		in the southwesterly line of Lot 9, Block B, Koeglar Hills, a
646	639		subdivision of record in Cabinet A, Slide 50 of the Plat Records of
647	640		said County;
648	641		THENCE, S42°00'07"E, along the northeasterly line of said 120.75
649	642		acre tract and the southwesterly line of said Koeglar Hills
650	643		Subdivision, a distance of 895.37 feet to an iron rod for an angle
651	644		point of said 120.75 acre tract and hereof;
652	645		THENCE, S41°15'14"E, continuing along the northeasterly line of
653	646		said 120.75 acre tract and the southwesterly line of said Koeglar
654	647		Hills Subdivision, a distance of 1663.51 feet to the easterly
655	648		corner of said 120.75 acre tract, in the southwesterly line of Lot
656	649		3C of the Replat of Lots 3 and 4, Block B Koeglar Hills Subdivision,
657	650		of record in Cabinet B, Slide 19 of the Plat Records of said County
658	651		and the northerly corner of an old cemetery (no recording
659	652		information found);
660	653		THENCE, leaving said Lot 3C, along the common line of said 120.75
661	654		acre tract and said old cemetery, the following four (4) courses and
662	655		distances:
663	656		1) S48°44'49"W, a distance of 59.99 feet to an angle point;
664	657		2) S41°15'11"E, a distance of 29.00 feet to an angle point;
665	658		3) S48°44'49"W, a distance of 355.50 feet to an angle point;
666	659		4) S41°15'11"E, a distance of 189.19 feet to the southerly
667	660		corner of said old cemetery for an angle point of said 120.75 acre
668	661		tract and hereof in the northwesterly right-of-way line of F.M.
669	662		1984;
670	663		THENCE, S48°36'20"W, along the northwesterly right-of-way line of
671	664		F.M. 1984 and southeasterly line of said 120.75 acre tract, a
672	665		distance of 592.28 feet to an angle point;
673	666		THENCE, S41°23'40"E, leaving the southeasterly line of said 120.75
674	667		acre tract, over and across F.M. 1984, a distance of 79.79 feet to
675	668		an iron rod for the northerly corner of said 69.19 acre tract and
676	669		the westerly corner of a 3.67 acre tract of land conveyed to Arthur
677	670		D. Ehrlich and Mary L Ehrlich by deed of record in Volume 179, Page
678	671		507 of said Official Public Records;
679	672		THENCE, leaving the southeasterly right-of-way line of F.M. 1984,
680	673		along the common line of said 69.19 acre tract and said 3.67 acre
681	674		tract, the following two (2) courses and distances:
682	675		1) S41°22'11"E, a distance of 399.75 feet to steel fence
683	676		corner post;
684	677		2) N48°31'55"E, a distance of 397.74 feet to an iron rod for
685	678		the easterly corner of said 3.67 acre tract;
686	679		THENCE, S41°27'50"E, along the northeasterly line of said 69.19 acre
687	680		tract, a distance of 568.68 feet to a steel fence post in the
688	681		southwesterly line of Lot 6, Block 1 of Castle Hill Subdivision
689	682		Phase I, a subdivision of record in Book A, Page 181 of the Plat
690	683		Records of said County;
691	684		THENCE, leaving the southeasterly line of said Castle Hill
692	685		Subdivision, along the southeasterly line of said 69.19 acre tract,
693	686		the following eight (8) courses and distances:
694	687		1) S48°41'00"W, a distance of 786.26 feet to an angle point;
695	688		2) S47°55'14"W, a distance of 85.90 feet to an angle point;
696	689		3) S49°18'20"W, a distance of 589.25 feet to an angle point;
697	690		4) S48°01'10"W, a distance of 232.56 feet to a fence post;
698	691		5) S47°58'05"W, a distance of 345.92 feet to an angle point;
699	692		6) S47°46'45"W, a distance of 446.89 feet to an angle point;
700	693		7) S48°19'28"W, a distance of 438.49 feet to an angle point;
701	694		8) S48°07'05"W, a distance of 367.04 feet to fence corner
702	695		post for the southerly corner of said 69.19 acre tract in the
703	696		northeasterly right-of-way line of Valley Way Drive;
704	697		THENCE, S48°38'56"W, leaving the southerly corner of said 69.19 acre
705	698		tract, over and across Valley View Drive, a distance of 49.85 feet
706	699		to a point in the northeasterly line of said 133.84 acre tract and
707	700		the southwesterly right-of-way line of Valley Way Drive;
708	701		THENCE, along the northeasterly line of said 133.84 acre tract and
709	702		the southwesterly right-of-way line of Valley Way Drive, the
710	703		following two (2) courses and distances;
711	704		1) S41°21'04"E, a distance of 1129.59 feet to a fence post;
712	705		2) S41°40'38"E, a distance of 1273.02 feet to an angle point;
713	706		THENCE, N48°19'22"E, leaving the northeasterly line of said 133.84
714	707		acre tract, over and across Valley View Drive, a distance of 61.02
715	708		feet to the easterly corner of said 239.035 acre tract in the
716	709		northeasterly right-of-way line of Valley View Drive;
717	710		THENCE, along a portion of the northwesterly line of said 239.035
718	711		acre tract, the following three (3) courses and distances:
719	712		1) N48°15'16"E, a distance of 2761.12 feet to an angle point;
720	713		2) S41°47'43"E, a distance of 274.43 feet to a fence corner
721	714		post;
722	715		3) N48°40'03"E, a distance of 976.49 feet to an iron rod for
723	716		the southerly corner of said 70.540 acre tract;
724	717		THENCE, N40°19'04"W, leaving the northwesterly line of said 239.035
725	718		acre tract, along the southwesterly line of said 70.540 acre tract,
726	719		a distance of 904.98 feet to an iron rod with "RL Surveying" cap for
727	720		the easterly corner of said 70.540 acre tract, in the southeasterly
728	721		line of said 49.325 acre tract;
729	722		THENCE, S49°05'23"W, leaving the southwesterly line of said 70.540
730	723		acre tract, along the southeasterly line of said 49.325 acre tract,
731	724		a distance of 500.65 feet to an iron rod with "UDG 2433" cap for the
732	725		southerly corner of said 49.325 acre tract;
733	726		THENCE, along the southwesterly line of said 49.325 acre tract, the
734	727		following two (2) courses and distances:
735	728		1) N40°38'48"W, a distance of 400.80 feet to an iron rod with
736	729		"UDG 2433" cap;
737	730		2) N40°43'42"W, a distance of 1287.69 feet to an iron rod for
738	731		the southerly corner of Lot 6 of said Castle Hill Subdivision;
739	732		THENCE, N48°32'31"E, along the northwesterly lines of said 49.325
740	733		acre tract, said 49.330 acre tract, and said 47.271 acre tract, a
741	734		distance of 3425.74 feet to an iron rod for the northwesterly corner
742	735		of said 47.271 acre tract;
743	736		THENCE, along a portion of the northerly line of said 47.271 acre
744	737		tract, the following three (3) courses and distances:
745	738		1) S41°01'56"E, a distance of 227.58 feet to an iron rod;
746	739		2) S85°53'10"E, a distance of 183.60 feet to an angle point;
747	740		3) N43°11'02"E, a distance of 271.56 feet to the
748	741		northeasterly corner of said 47.271 acre tract in the southwesterly
749	742		right-of-way line of F.M. 1966 (80' R.O.W.);
750	743		THENCE, S40°51'42"E, along the southwesterly right-of-way line of
751	744		F.M. 1966, a distance of 1367.14 feet to the easterly corner of said
752	745		47.271 acre tract and northerly corner of a 1.0 acre tract of land
753	746		conveyed to John M. Salazar Et. Ux. By deed of record in Volume 424,
754	747		Page 100 of the Deed Records of said County;
755	748		THENCE, S48°43'20"W, leaving the southwesterly right-of-way line of
756	749		F.M. 1966, along a portion of the southeasterly line of said 47.271
757	750		acre tract, a distance of 348.84 feet to an iron rod for the
758	751		northwesterly corner of said 70.540 acre tract and the westerly
759	752		corner of a 1.041 acre tract conveyed to Kelly J. Cansler Et. Ux. By
760	753		deed of record in Volume 64, Page 782 of said Official Public
761	754		Records;
762	755		THENCE, along the southerly lines of said 1.041 acre tract and the
763	756		northerly lines of said 70.540 acre tract, the following two (2)
764	757		courses and distances:
765	758		1) S41°01'59"E, a distance of 256.81 feet to an iron rod;
766	759		2) N47°37'30"E, a distance of 350.89 feet to an iron rod for
767	760		the easterly corner of said 1.041 acre tract and the northeasterly
768	761		corner of said 70.540 acre tract in the southwesterly right-of-way
769	762		line of F.M. 1966;
770	763		THENCE, S41°14'17"E, along a portion of the southwesterly
771	764		right-of-way line of F.M. 1966, a distance of 742.57 feet to an iron
772	765		rod for the easterly corner of said 70.540 acre tract and the
773	766		northerly corner of said 55.669 acre tract;
774	767		THENCE, S41°23'23"E, continuing along a portion of the
775	768		southwesterly right-of-way line of F.M. 1966, a distance of 644.74
776	769		feet to the easterly corner of said 55.669 acre tract and the
777	770		northerly corner of the remaining 2.437 acre tract of land conveyed
778	771		to Barbara Kinkade and Life Estate reserved by Margaret Ann
779	772		Wackerhagen by deed of record in Volume 507, Page 721 of said
780	773		Official Public Records;
781	774		THENCE, leaving the southwesterly right-of-way line of F.M. 1966,
782	775		along a portion of the irregular easterly line of said 55.669 acre
783	776		tract and the westerly line of said 2.437 acre tract, the following
784	777		seven (7) courses and distances:
785	778		1) S54°55'11"W, a distance of 457.51 feet to an angle point;
786	779		2) S39°04'07"E, a distance of 26.01 feet to an angle point;
787	780		3) S21°40'50"E, a distance of 95.81 feet to an angle point;
788	781		4) S80°14'00"W, a distance of 44.90 feet to an angle point;
789	782		5) S15°41'02"E, a distance of 84.10 feet to an angle point;
790	783		6) S27°21'59"E, a distance of 112.74 feet to a 1/2 inch iron
791	784		rod;
792	785		7) S28°12'49"E, a distance of 210.26 feet to an 1/2 inch iron
793	786		rod for the southerly corner of a 3.569 acre tract of land described
794	787		in a deed to Barbara K. Warrens of record in Volume 232, Page 423 of
795	788		said Official Public records;
796	789		THENCE, S48°42'23"W, along the southeasterly line of said 55.669
797	790		acre tract, a distance of 1852.73 feet to an iron rod in the
798	791		northeasterly line of said 239.035 acre tract;
799	792		THENCE, along a portion of the northeasterly line of said 239.035
800	793		acre tract, the following three (3) courses and distances:
801	794		1) S41°02'56"E, a distance of 387.22 feet to an iron rod;
802	795		2) S41°06'40"E, a distance of 312.60 feet to an iron rod;
803	796		3) S40°42'48"E, a distance of 542.32 feet to a fence corner
804	797		post for the easterly corner of said 239.035 acre tract and an angle
805	798		point in the westerly line of said 59.828 acre tract;
806	799		THENCE, leaving the easterly corner of said 239.035 acre tract,
807	800		along a portion of the westerly and northerly lines of said 59.828
808	801		acre tract, the following three (3) courses and distances:
809	802		1) S41°34'25"E, a distance of 151.16 feet to an iron rod;
810	803		2) N48°34'31"E, a distance of 610.04 feet to an iron rod for
811	804		the northerly corner of said 59.828 acre tract;
812	805		3) S41°33'19"E, a distance of 1565.45 feet to the easterly
813	806		corner of said 59.828 acre tract, in the curving northerly
814	807		right-of-way line of the Union Pacific Railroad;
815	808		THENCE, along the easterly line of said 59.828 acre tract and the
816	809		northerly right-of-way line of the Union Pacific Railroad, the
817	810		following three (3) courses and distances:
818	811		1) Along a non-tangent curve to the left having a radius of
819	812		2786.27 feet, a central angle of 17°52'26", an arc length of 869.20
820	813		feet, and a chord which bears, S86°07'28"W, a distance of 865.68
821	814		feet to the end of said curve;
822	815		2) Along a non-tangent curve to the left having a radius of
823	816		3832.81 feet, a central angle of 06°04'35", an arc length of 406.47
824	817		feet, and a chord which bears, S73°32'28"W, a distance of 406.28
825	818		feet to the end of said curve;
826	819		3) S69°58'41"W, a distance of 2776.15 feet to an iron rod for
827	820		the southerly corner of said 59.828 acre tract and an angle point in
828	821		the easterly line of said 239.035 acre tract;
829	822		THENCE, along the easterly line of said 239.035 acre tract and the
830	823		northerly right-of-way line of the Union Pacific Railroad, the
831	824		following four (4) courses and distances:
832	825		1) S69°58'41"W, a distance of 92.94 feet to an angle point;
833	826		2) Along a non-tangent curve to the right having a radius of
834	827		3336.89 feet, a central angle of 06°13'09", an arc length of 362.21
835	828		feet, and a chord which bears, S72°55'53"W, a distance of 362.03
836	829		feet to the end of said curve;
837	830		3) Along a non-tangent curve to the right having a radius of
838	831		2825.30 feet, a central angle of 14°00'59", an arc length of 691.16
839	832		feet, and a chord which bears, S83°18'28"W, a distance of 689.44
840	833		feet to the end of said curve;
841	834		4) Along a non-tangent curve to the right having a radius of
842	835		55687.93 feet, a central angle of 00°48'17", an arc length of 782.17
843	836		feet, and a chord which bears, N88°10'00"W, a distance of 782.15
844	837		feet to the end of said curve at the intersection of the northerly
845	838		right-of-way line of the Union Pacific Railroad and the
846	839		northeasterly right-of-way line of Valley Way Drive;
847	840		THENCE, N41°20'20"W, leaving the northerly right-of-way line of the
848	841		Union Pacific Railroad, along the northeasterly right-of-way line
849	842		of Valley Way Drive and southerly line of said 239.035 acre tract, a
850	843		distance of 429.48 feet to an angle point;
851	844		THENCE, S48°39'40"W, leaving southerly line of said 239.035 acre
852	845		tract, over and across Valley Way Drive a distance of 51.67 feet to
853	846		the POINT OF BEGINNING, containing an area of 1168.438 acres
854	847		(50,897,146 square feet) of land, more or less, within these metes
855	848		and bounds, SAVE AND EXCEPT THEREFROM the aforementioned 15.354
856	849		acre tract of land described as follows:
857	850		COMMENCING, at a 1/2 inch iron rod found in northerly right-of-way
858	851		line of the Union Pacific Railroad for the southerly corner of said
859	852		59.828 acre tract and being in the easterly line of said 239.035
860	853		acre tract;
861	854		THENCE, N45°14'35"W, leaving the northerly right-of-way line of the
862	855		Union Pacific Railroad and the southerly corner of said 59.828 acre
863	856		tract, over and across said 239.035 acre tract, a distance of 944.36
864	857		feet to the POINT OF BEGINNING, being the southerly corner of said
865	858		15.354 acre tract and hereof;
866	859		THENCE, along the common lines of said 239.035 acre tract, said
867	860		15.354 acre tract and hereof, the following four (4) courses and
868	861		distances:
869	862		1) N41°44'44"W, a distance of 760.00 feet to a point for the
870	863		westerly corner of said 15.354 acre tract and hereof;
871	864		2) N48°15'16"E, a distance of 880.00 feet to a point for the
872	865		northerly corner of said 15.354 acre tract and hereof;
873	866		3) S41°44'44"E, a distance of 760.00 feet to a point for the
874	867		easterly corner of said 15.354 acre tract and hereof;
875	868		4) N48°15'16"E, a distance of 880.00 feet to the POINT OF
876	869		BEGINNING, containing an area of 15.354 acres (668,800 square feet)
877	870		of land, more or less, within these metes and bounds and FURTHER
878	871		SAVE AND EXCEPT THEREFROM the aforementioned the 1.790 acre tract
879	872		of land described as follows:;
880	873		COMMENCING, at a fence corner post for the northerly corner of said
881	874		239.035 acre tract, being an angle point in the easterly line of
882	875		said 70.540 acre tract;
883	876		THENCE, N31°58'37"W, leaving the northerly corner of said 239.035
884	877		acre tract, over and across said 70.540 acre tract, a distance of
885	878		176.88 feet to a fence corner post for the POINT OF BEGINNING, being
886	879		the easterly corner of said 1.790 acre tract and hereof;
887	880		THENCE, along the common lines of said 70.540 acre tract, said 1.790
888	881		acre tract and hereof, the following four (4) courses and
889	882		distances:
890	883		1) S60°20'34"W, a distance of 237.04 to a fence corner post
891	884		for the southerly corner of said 1.790 acre tract and hereof;
892	885		2) N32°55'40"W, a distance of 267.87 feet to a 1/2 inch iron
893	886		rod for the westerly corner of said 1.790 acre tract and hereof;
894	887		3) N49°02'47"E, a distance of 297.06 feet to a 1/2 inch iron
895	888		rod for the northerly corner of said 1.790 acre tract and hereof;
896	889		4) S22°49'48"E, a distance of 327.95 feet to the POINT OF
897	890		BEGINNING, containing an area of 1.790 acres (77,991 square feet)
898	891		of land, more or less, within these metes and bounds, leaving a
899	892		TOTAL NET AREA of 1151.3 acres of land, more or less, within these
900	893		metes and bounds.
901	894		SECTION 3. (a) The legal notice of the intention to
902	895		introduce this Act, setting forth the general substance of this
903	896		Act, has been published as provided by law, and the notice and a
904	897		copy of this Act have been furnished to all persons, agencies,
905	898		officials, or entities to which they are required to be furnished
906	899		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
907	900		Government Code.
908	901		(b) The governor, one of the required recipients, has
909	902		submitted the notice and Act to the Texas Commission on
910	903		Environmental Quality.
911	904		(c) The Texas Commission on Environmental Quality has filed
912	905		its recommendations relating to this Act with the governor, the
913	906		lieutenant governor, and the speaker of the house of
914	907		representatives within the required time.
915	908		(d) All requirements of the constitution and laws of this
916	909		state and the rules and procedures of the legislature with respect
917	910		to the notice, introduction, and passage of this Act are fulfilled
918	911		and accomplished.
919	912		SECTION 4. (a) If this Act does not receive a two-thirds
920	913		vote of all the members elected to each house, Subchapter C, Chapter
921	914		8492, Special District Local Laws Code, as added by Section 1 of
922	915		this Act, is amended by adding Section 8492.106 to read as follows:
923	916		Sec. 8492.106. NO EMINENT DOMAIN POWER. The district may
924	917		not exercise the power of eminent domain.
925	918		(b) This section is not intended to be an expression of a
926	919		legislative interpretation of the requirements of Section 17(c),
927	920		Article I, Texas Constitution.
928	921		SECTION 5. This Act takes effect immediately if it receives
929	922		a vote of two-thirds of all the members elected to each house, as
930	923		provided by Section 39, Article III, Texas Constitution. If this
931	924		Act does not receive the vote necessary for immediate effect, this
932	925		Act takes effect September 1, 2015.
933		-	* * * * *
	926	+	______________________________ ______________________________
	927	+	President of the Senate Speaker of the House
	928	+	I certify that H.B. No. 1372 was passed by the House on May 5,
	929	+	2015, by the following vote: Yeas 145, Nays 0, 2 present, not
	930	+	voting.
	931	+	______________________________
	932	+	Chief Clerk of the House
	933	+	I certify that H.B. No. 1372 was passed by the Senate on May
	934	+	20, 2015, by the following vote: Yeas 30, Nays 1.
	935	+	______________________________
	936	+	Secretary of the Senate
	937	+	APPROVED: _____________________
	938	+	Date
	939	+	_____________________
	940	+	Governor